[Federal Register Volume 61, Number 75 (Wednesday, April 17, 1996)]
[Notices]
[Pages 16810-16813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9455]



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NUCLEAR REGULATORY COMMISSION

Privacy Act of 1974; Proposed Revisions to an Existing System of 
Records

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed revisions to an existing system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended 
(Privacy Act), the Nuclear Regulatory Commission (NRC) is publishing an 
amendment to an existing system of records currently entitled NRC-32, 
``Licensee and Applicant Taxpayer Identification Number Records--NRC.'' 
NRC-32 was last published in the Federal Register on September 13, 
1994, when six new routine uses were added to enhance NRC's ability to 
collect certain licensee fee debts. This amendment renames the system 
of records ``Office of the Controller Financial Transactions and Debt 
Collection Management Records--NRC'' to cover expansion of NRC-32 to 
include information on nonlicense fee debts of individuals as well as 
information on individuals who receive money or payment from the NRC. 
As a result, the system of records notice is being revised in its 
entirety and will become the NRC's system of records for maintaining, 
tracking, and disseminating information on all payment and collection 
activities.

EFFECTIVE DATES: The revised system of records will become effective 
without further notice on May 28, 1996 unless comments received on or 
before that date cause a contrary decision. If changes are made based 
on NRC's review of comments received, NRC will publish a new final 
notice.

ADDRESSES: Send comments to the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Docketing and Services Branch. Hand deliver comments to 11555 Rockville 
Pike, Rockville, Maryland, between 7:45 am and 4:15 pm Federal 
workdays. Copies of comments may be examined at the NRC Public Document 
Room at 2120 L Street, NW., Lower Level, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Jona L. Souder, Freedom of 
Information/Local Public Document Room Branch, Division of Freedom of 
Information and Publications Services, Office of Administration, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone: 
301-415-7170.

SUPPLEMENTARY INFORMATION: The NRC is entering into a Memorandum of 
Understanding with the Department of the Treasury's (Treasury) Debt 
Management Services (DMS) to establish the terms and conditions for 
debt collection operations to be provided by DMS on behalf of NRC to 
satisfy, in whole or in part, debts owed to the U.S. Government. The 
types of debt NRC is transferring to DMS for collection include both 
commercial and consumer debt. A review of the system of records (SOR) 
notice was conducted to determine if the published routine uses for 
NRC-32 would permit disclosures of information on nonlicense fee 
delinquent debts incurred by individuals, such as former employees and 
Freedom of Information Act (FOIA) requesters to Treasury's DMS for 
cross servicing. Cross servicing includes the possible use of all debt 
collection tools including administrative offset, tax refund offset, 
referral to debt collection contractors, and referral to the Department 
of Justice.

[[Page 16811]]

    It was determined that although NRC-32 permits disclosure of 
information on NRC licensees and applicants for NRC licenses to debt 
collection contractors, it does not cover the maintenance and/or 
disclosure of nonlicense fee delinquent debts of individuals. NRC-32, 
currently entitled ``Licensee and Applicant Taxpayer Identification 
Number Records--NRC,'' was last published on September 13, 1994 (59 FR 
46997). In order to permit NRC to maintain and disseminate information 
on nonlicense fee debts of individuals, the SOR is being amended to 
cover anyone who owes money to the NRC or the U.S. Government.
    NRC-32 is also being revised to cover those individuals who receive 
money or payment from the NRC. This change is needed because all NRC 
financial transactions are now part of an overall agency accounting 
system from which information is retrieved in a number of ways, 
including by name or other personal identifier. The accounting system 
will be maintained in NRC-32.
    In addition to revising the ``Categories of Individuals Covered by 
the System,'' six new routine uses have been added to NRC-32 to permit 
disclosures of information:
    (1) Provided on W-2 and 1099 Forms to the Internal Revenue Service 
and applicable State and local Governments to be included as income to 
an individual;
    (2) To banks enrolled in the Treasury Credit Card Network to 
collect a payment or debt when the individual has given his or her 
credit card number for this purpose;
    (3) To other Federal agencies that have asked NRC to effect an 
administrative offset to help collect a debt owed the United States;
    (4) To a Federal agency when NRC has entered into an agreement with 
the agency for cross servicing debt collection operations;
    (5) To Treasury in order to request payment to individuals owed 
money by NRC, and;
    (6) To the National Archives and Records Administration or the 
General Services Administration for records management inspections.
    The ``Categories of Records in the System'' has been expanded to 
more accurately reflect the types of records maintained in the system. 
In addition, most of the other sections in the SOR notice have also 
been revised.
    As required by 5 U.S.C. 552a(r) of the Privacy Act and Appendix I 
to Office of Management and Budget (OMB) Circular No. A-130, ``Federal 
Agency Responsibilities for Maintaining Records About Individuals,'' 
the altered system of records report has been submitted to OMB, the 
Committee on Government Reform and Oversight of the U.S. House of 
Representatives, and the Committee on Governmental Affairs of the U.S. 
Senate.
    Accordingly, NRC proposes to amend NRC-32 in its entirety to read 
as follows:

NRC-32

System Name:

    Office of the Controller Financial Transactions and Debt Collection 
Management Records--NRC.

System Location:

    Primary system--Office of the Controller, NRC, 11545 Rockville 
Pike, Rockville, Maryland.
    Duplicate systems--Duplicate systems exist, in whole or in part, at 
the locations listed in Addendum I, Parts 1 and 2. Other NRC systems of 
records contain payment and/or collection transaction records and 
background information that may duplicate some of the records in this 
system. These other systems include, but are not limited to:
    NRC-5, Contracts Records Files--NRC;
    NRC-7, Telephone Call Detail Records--NRC;
    NRC-10, Freedom of Information Act (FOIA) and Privacy Act (PA) 
Requests--NRC;
    NRC-18, Office of the Inspector General Investigative Records--NRC;
    NRC-19, Official Personnel Training Records Files--NRC;
    NRC-20, Official Travel Records--NRC;
    NRC-21, Payroll Accounting Records--NRC; and
    NRC-24, Government Property Accountability System--NRC.

Categories of Individuals Covered by the System:

    Individuals the NRC owes money to or who receive a payment from NRC 
and those who owe or owed money to the United States. Individuals 
receiving payments include, but are not limited to, current and former 
employees, contractors, consultants, vendors, and others who travel or 
perform certain services for NRC. Individuals owing money include, but 
are not limited to, those who have received goods or services from NRC 
for which there is a charge or fee (NRC licensees, applicants for NRC 
licenses, Freedom of Information Act (FOIA) requesters, etc.) and those 
who have been overpaid and owe NRC a refund (current and former 
employees, contractors, consultants, vendors, etc.).

Categories of Records in the System:

    Information in the system includes, but is not limited to, names, 
addresses, telephone numbers, Social Security numbers, Taxpayer 
Identification numbers, fee categories, application and license 
numbers, contract numbers, vendor numbers, amounts owed, background and 
supporting documentation, correspondence concerning claims and debts, 
credit reports, and billing and payment histories. The overall agency 
accounting system contains data and information integrating accounting 
functions such as general ledger, funds control, travel, accounts 
receivable, accounts payable, equipment, and appropriation of funds. 
Although this system of records contains information on corporations 
and other business entities, only those records that contain 
information about individuals that is retrieved by the individual's 
name or other personal identifier are subject to the Privacy Act.

Authority for Maintenance of the System:

    5 U.S.C.552a(b)(12); 5 U.S.C. 5514; 15 U.S.C. 1681a(f); 26 U.S.C. 
6103(m)(2); 31 U.S.C. 37, subchapters I and II; 31 U.S.C. 3701(a)(3) 
(1988); 31 U.S.C. 3711; 31 U.S.C. 3716; 31 U.S.C. 3717; 31 U.S.C. 3718; 
31 U.S.C. 3720A (1988); 42 U.S.C. 2201 (1988); 42 U.S.C. 5841 (1988); 
Cash Management Improvement Act Amendments of 1992 (Pub. L. 102-589); 
10 CFR Parts 15, 16, 170, 171 (1995); Executive Order 9397, November 
22, 1943; Section 201 of Executive Order 11222.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:

    In addition to the disclosures permitted under subsection (b) of 
the Privacy Act, the NRC may disclose information contained in this 
system of records without the consent of the subject individual if the 
disclosure is compatible with the purpose for which the record was 
collected under the following routine uses:
    a. To debt collection contractors or to other Federal agencies such 
as the Department of the Treasury (Treasury) for the purpose of 
collecting delinquent debts as authorized by the Debt Collection Act of 
1982, 31 U.S.C. 3718.
    b. To the Defense Manpower Data Center, Department of Defense; the 
United States Postal Service; or any other Federal, State, or local 
agency to conduct an authorized computer matching program in compliance 
with the Privacy Act of 1974, as amended, to identify and locate 
individuals who are

[[Page 16812]]

delinquent in their repayment of debts owed to the U.S. Government 
under certain programs or services administered by the NRC in order to 
collect the debts under common law or under the provisions of the Debt 
Collection Act of 1982 (5 U.S.C. 5514) by voluntary repayment, by 
administrative or salary offset, or by referral to debt collection 
contractors.
    c. To the U.S. General Accounting Office, Department of Justice, 
United States Attorney, or other Federal agencies for further 
collection action on any delinquent account when circumstances warrant.
    d. To credit reporting agencies for the purpose of either adding to 
a credit history file or obtaining a credit history file for use in the 
administration of debt collection.
    e. To any Federal agency where the debtor is employed or receiving 
some form of remuneration for the purpose of enabling that agency to 
collect a debt owed the Federal government on NRC's behalf by 
counseling the debtor for voluntary repayment or by initiating 
administrative or salary offset procedures under the provisions of the 
Debt Collection Act of 1982 (5 U.S.C. 5514).
    f. To the Internal Revenue Service (IRS) by computer matching to 
obtain the mailing address of a taxpayer for the purpose of locating 
such taxpayer to collect or to compromise a Federal claim by NRC 
against the taxpayer pursuant to 26 U.S.C. 6103(m)(2) and in accordance 
with 31 U.S.C. 3711, 3717, and 3718 or common law. Redisclosure of a 
mailing address obtained from the IRS may be made only for debt 
collection purposes, including to a debt collection agent to facilitate 
the collection or compromise of a Federal claim under the Debt 
Collection Act of 1982, except that redisclosure of a mailing address 
to a reporting agency is for the limited purpose of obtaining a credit 
report on the particular taxpayer. Any such mailing address information 
obtained from the IRS will not be used or shared for any other NRC 
purpose or disclosed by NRC to another Federal, State, or local agency 
which seeks to locate the same taxpayer for its own debt collection 
purpose.
    g. Referral of legally enforceable debts to the IRS or to 
Treasury's Debt Management Services to be offset against the debtor's 
tax refunds under the Federal Tax Refund Offset Program.
    h. To prepare W-2, 1099, or other forms to submit to the IRS and 
applicable State and local Governments for tax reporting purposes. W-2 
and 1099 Forms contain information on items to be considered as income 
to an individual, including certain travel related payments to 
employees, payments made to persons not treated as employees (e.g., 
fees to consultants and experts), and amounts written-off as legally or 
administratively uncollectible, in whole or in part.
    i. To banks enrolled in the Treasury Credit Card Network to collect 
a payment or debt when the individual has given his or her credit card 
number for this purpose.
    j. To another Federal agency that has asked the NRC to effect an 
administrative offset under common law or under 31 U.S.C. 3716 to help 
collect a debt owed the United States. Disclosure under this routine 
use is limited to name, address, Social Security number, and other 
information necessary to identify the individual; information about the 
money payable to or held for the individual; and other information 
concerning the administrative offset.
    k. To Treasury or other Federal agencies with whom NRC has entered 
into an agreement establishing the terms and conditions for debt 
collection cross servicing operations on behalf of the NRC to satisfy, 
in whole or in part, debts owed to the U.S. Government. Cross servicing 
includes the possible use of all debt collection tools such as 
administrative offset, tax refund offset, referral to debt collection 
contractors, and referral to the Department of Justice.
    l. To Treasury in order to request a payment to individuals owed 
money by the NRC.
    m. To the National Archives and Records Administration or to the 
General Services Administration for records management inspections 
conducted under 44 U.S.C. 2904 and 2906.
    n. For any of the routine uses specified in the Prefatory Statement 
of General Routine Uses.

Disclosures to Consumer Reporting Agencies:

Disclosures Pursuant to 5 U.S.C. 552a(b)(12):

    Disclosures of information to a consumer reporting agency are not 
considered a routine use of records. Disclosures may be made from this 
system to ``consumer reporting agencies'' as defined in the Fair Credit 
Reporting Act (15 U.S.C. 1681(a)(f)) or the Federal Claims Collection 
Act of 1966, as amended (31 U.S.C. 3701(a)(3)).

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System:

Storage:

    Information in this system is stored on paper and microfiche, and 
in computer media.

Retrievability:

    Information is retrieved a number of ways, including by name, 
Social Security number, Taxpayer Identification number, license or 
application number, contract or purchase order number, invoice number, 
voucher number, and vendor code.

Safeguards:

    Records are maintained in a building where access is controlled by 
a security guard force. They are kept in lockable file rooms or at 
user's workstations in an area where access is controlled by keycard 
and is limited to NRC and contractor personnel who need the records to 
perform their official duties. The records are under visual control 
during duty hours. Access to automated data requires use of proper 
password and user identification codes by NRC or contractor personnel.

Retention and Disposal:

    Hard copy records are destroyed when six years and three months old 
except that administrative claims files, for which collection action is 
terminated without extension, are destroyed when ten years and three 
months old. Computer files are deleted after the expiration of the 
retention period authorized under the GRS for the disposable hard copy 
file or when no longer needed, whichever is later.

System Manager:

    Director, Division of Accounting and Finance, Office of the 
Controller, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001.

Notification Procedure:

    Individuals seeking to determine whether this system of records 
contains information pertaining to themselves should write to the 
Director, Division of Freedom of Information and Publications Services, 
Office of Administration, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001.

Records Access Procedures:

    Same as ``Notification Procedure.''

Contesting Record Procedures:

    Same as ``Notification Procedure.''

[[Page 16813]]

Record Source Categories:

    Record source categories include, but are not limited to, 
individuals covered by the system, their attorneys, or other 
representatives; NRC; collection agencies or contractors; employing 
agencies of debtors; and Federal, State and local agencies.

Systems Exempted From Certain Provisions of the Act:

    None.

    Dated at Rockville, MD, this 4th day of April 1996.

    For the Nuclear Regulatory Commission.
James M. Taylor,
Executive Director for Operations.
[FR Doc. 96-9455 Filed 4-16-96; 8:45 am]
BILLING CODE 7590-01-P